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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2018-05-1098
Regular Panel Decision
Oct 01, 2020

Smith, Angel v. TRUSTPOINT HOSPITAL, LLC

This case addresses Trustpoint's Motion to Alter or Amend an August 28, 2020 Expedited Hearing Order (EHO) concerning Angel Smith's workers' compensation claim. The Court granted the motion in part, allowing certain medical records into evidence, specifically Exhibits 1-3 of Trustpoint's motion. It also amended the award of temporary partial disability benefits, reducing them based on Ms. Smith's income from online sales, as conceded by the employee. The Court confirmed that the newly admitted pre-2012 and 2014 medical records do not change its opinion regarding Ms. Smith's entitlement to additional surgery and benefits. Remaining issues concerning causation and the need for surgery, as addressed in the original EHO, were upheld without change.

Expedited Hearing OrderMotion to AmendTemporary Disability BenefitsMedical EvidenceShoulder InjuryCausation DisputeCompensation Rate CalculationMaximum Medical ImprovementCredibility of TestimonyPrior Medical History
References
5
Case No. MISSING
Regular Panel Decision

Hearring v. Sliwowski

Melissa Hearring, as next friend of a minor, B.H., filed a § 1983 action against school nurse Karen Sliwowski and the Metropolitan Government of Nashville Davidson County, Tennessee, alleging a Fourth Amendment violation for an intrusive visual search of B.H.'s labia without consent or emergency. The Magistrate Judge recommended granting summary judgment for defendants, citing qualified immunity for Sliwowski and insufficient evidence against Metro. However, the District Judge set aside this recommendation, concluding that B.H.'s Fourth Amendment right was clearly established at the time of the search. The Court denied the defendants' motion for summary judgment, finding that Metro could be liable for deliberate indifference to the need for clear policies regarding student searches.

Fourth AmendmentQualified ImmunitySchool SearchStrip SearchMinor's RightsDeliberate IndifferenceMunicipal LiabilitySchool Nurse ConductParental ConsentMedical Examination
References
79
Case No. 2023-06-01704
Regular Panel Decision
Feb 28, 2024

Tucker, William v. LU, Inc.

The Tennessee Court of Workers' Compensation Claims issued an order amending a previous Expedited Hearing Order concerning temporary total disability benefits. The employer, LU, Inc., sought to alter the order, asserting they had paid the employee, William Tucker, his full wages until February 16, 2024, negating the need for the previously ordered lump-sum payment. Mr. Tucker concurred that no past temporary disability benefits were due until that date. Referencing Tennessee Code Annotated section 50-6-207, the Court determined that while an employer can receive credit for wages paid, this credit cannot exceed the employee's compensation rate. Consequently, the Court vacated the prior order for past temporary disability benefits by agreement, and mandated LU or its carrier to commence weekly benefit payments of $1,065.41 from February 17, 2024, until Mr. Tucker reaches maximum medical improvement or returns to work.

Temporary Total DisabilityWage CreditExpedited HearingOrder AmendmentStatutory InterpretationWorkers' Compensation ClaimsEmployer ObligationsEmployee RightsDisability BenefitsMotion to Alter
References
1
Case No. 2020-04-0228
Regular Panel Decision
Jul 29, 2021

Ray, Jr. Kenneth v. Rollins, Inc.

This case concerns Kenneth Ray, Jr.'s motion to alter or amend a final judgment regarding the amortization of his workers' compensation award and its offset against Social Security disability benefits, pursuant to Tennessee Code Annotated section 50-6-207. The employer, Rollins, Inc., and the Subsequent Injury Fund had no objections to the proposed amendment. The Court granted the motion, amending the prior order to include details on the calculation of Mr. Ray's lump-sum award of $440,368.02 and its amortized monthly benefit of $863.46. This calculation was based on Mr. Ray's life expectancy of 42.5 years at the time of maximum medical improvement. The amended order clarifies the maximum monthly set-off for Social Security or other disability benefits under the specified Tennessee statute.

Workers' CompensationCompensation HearingBenefitsSocial Security OffsetAmortizationLump-Sum AwardFinal JudgmentMotion to AlterLife ExpectancyMortality Tables
References
0
Case No. MISSING
Regular Panel Decision

Claim of Rushnek v. Ford Motor Co.

The Workers' Compensation Board ruled that Ford Motor Company was entirely responsible for a claimant's hearing loss, which began with a 13% pre-employment loss and progressed to 23.2% by retirement. Ford appealed this decision, challenging its liability for the pre-existing portion of the hearing loss, especially considering the timing of the relevant Workers' Compensation Law provisions. The court clarified that the date of disablement, in this instance, was August 1974, thus making Workers' Compensation Law § 49-ee applicable. It determined that while the last employer is generally liable for total hearing loss, an exception exists for pre-existing, occupationally caused hearing loss, allowing for reimbursement. The court reversed the Board's decision and remitted the case, instructing further proceedings to ascertain if the claimant's initial hearing loss was work-related, which would then allow Ford to seek reimbursement from prior employers.

Workers' Compensation LawOccupational hearing lossEmployer liabilityPre-existing conditionReimbursement proceduresDate of disablementAudiometric examinationAppellate reviewStatutory interpretationFord Motor Company
References
4
Case No. MISSING
Regular Panel Decision
Nov 08, 1978

In re Mycuta A.

This case involves a juvenile respondent who admitted to acts constituting assault in the third degree. A dispositional hearing was held in Bronx County Family Court to determine the applicability of amendments to Family Court Act Section 756, which became effective on September 1, 1978. The court addressed two primary legal questions: first, whether the revised one-year maximum initial placement for misdemeanor acts applied, and second, whether the provisions for direct placement into a secure facility by the Family Court were applicable. The court ruled that both amended provisions applied to the respondent, as the adjudication occurred after the amendment's effective date. Consequently, the respondent was placed with the Division for Youth for one year, with the Division authorized to place her directly into a secure facility if deemed appropriate.

Juvenile DelinquencyFamily Court ActPlacementSecure FacilityMisdemeanorEx Post FactoStatutory InterpretationDivision for YouthBronx County Family CourtDispositional Hearing
References
1
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. 03-03-00154-CV
Regular Panel Decision
Oct 16, 2003

City of Marshall and Texas Commission on Environmental Quality (Formerly Texas Natural Resource Conservation Commission) v. City of Uncertain Caddo Lake Area Chamber of Commerce and Tourism Greater Caddo Lake Association Caddo Lake Institute John T. Echols And Barry L. Bennick

The Texas Court of Appeals reviewed a district court's decision regarding a water permit amendment sought by the City of Marshall. Marshall's application to the Texas Commission on Environmental Quality (TCEQ) involved an interbasin water transfer and the authorization for industrial water use. The TCEQ approved the amendment without a contested-case hearing, which the district court reversed. The appellate court affirmed the district court's ruling that an evidentiary hearing was necessary for the industrial use amendment and that the executive director lacked authority to approve it without such a hearing. However, the court reversed the district court's finding that the interbasin transfer also required notice and a hearing, determining it fell under a statutory exemption.

Environmental LawWater RightsInterbasin TransferIndustrial UseContested Case HearingAdministrative LawJudicial ReviewStatutory InterpretationSummary JudgmentTexas Water Code
References
29
Case No. MISSING
Regular Panel Decision
Feb 21, 2006

Rivera v. Barnhart

Plaintiff Russell Rivera, Jr. challenged the Commissioner of Social Security's decision denying him Supplemental Security Income (SSI) benefits. The case was referred to Magistrate Judge Frank Maas, who issued a Report and Recommendation to remand the action for further administrative proceedings, citing deficiencies in the plaintiff's hearing. After defendant objected to a time limit, an Amended Report and Recommendation was issued, omitting the disputed time limitation. District Judge Richard J. Holwell, finding no clear error, adopted the Amended Report in its entirety, granting the Commissioner’s motion. The court's decision was based on the Administrative Law Judge's failure to fully develop the administrative record and adequately consider the treating physician’s opinion, Dr. Asbury, whose findings differed from a nonexamining medical consultant.

Social Security BenefitsSupplemental Security IncomeDisability DeterminationAdministrative Law Judge (ALJ) ReviewRemand OrderTreating Physician RuleMedical AssessmentHIV/AIDS ImpairmentHepatitis C DiagnosisProcedural Error
References
15
Case No. MISSING
Regular Panel Decision

Vandenburg v. Saratoga Harness Racing

The case involves an appeal from an amended decision by the Workers’ Compensation Board, which found the carrier in violation of 12 NYCRR 300.23 (b) and imposed a penalty. The claimant sustained a compensable knee injury in 1975, leading to ongoing medical treatments and classification as permanently partially disabled. The carrier unilaterally suspended benefit payments in February 1982, citing a physician's letter suggesting the claimant could return to normal activity. However, subsequent hearings determined continuous disability, and payments were resumed. The Board ruled the carrier violated the rule requiring proper notice and a hearing determination before suspending payments, an action affirmed by this decision, with the imposition of a penalty being mandatory under Workers’ Compensation Law § 25 (3) (c).

Workers’ Compensation LawPenalty ImpositionUnilateral Suspension of BenefitsPermanent Partial DisabilityMedical EvidenceReturn to WorkAppellate ReviewProcedural ViolationBenefit ContinuationDue Process
References
2
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